Polk County Contract Law Attorneys

In this video, our Polk County contract attorneys will talk about seven clauses of particular importance when reviewing the contract.

1. Description and Purchase Price: These items may be self-explanatory, but it’s important to note under “description” anything other than the address of the house. Also, you’ll want to make sure what is legally described in the title document matches up with the contract. Under purchase price, you will have the agreed-upon purchase price (this may be different from the original after negotiations) and the amount of earnest money that will be deposited upon agreement of the contract.
   

2. Real Estate Taxes and Special Assessment: Normally, the sellers must pay the real estate taxes attributed to the property for the year it was sold in, prorated to the date of the closing. So if you sell your house in April, you’ll be paying less in real estate taxes then if you sold your house in August. However, be sure to check the contract as sometimes there is the option for the seller to pay no taxes on the house during the transaction and instead transfer that burden to the buyer.

3. Time is of the Essence and Fixtures Clause: It’s important to note if “Time is of the Essence” is indicated on a contract because if certain deadlines are not met on the buyers or sellers end it could be considered a breach of contract and a reason for either party to back out without repercussions. The Fixtures clause indicates anything other than the walls, doors, winders, floor, etc that are not part of the overall structure, that would be included in the sale of the house. This may include items like window treatments, a pool table, a piece of furniture, etc.
   

4. Condition of the Property: This clause may include a number of sub-clauses, all centered around the condition of the property. The primary “condition of property” clause explains that—unless specified otherwise—the property will be kept in its current state until possession by the buyers and that all items will be in good working condition at the time of possession.
   

5. Remedies of the Parties: This clause usually contains stipulations explaining what happens in the case that the buyers or sellers fail to perform their contractual obligations in a timely manner and to what degree the opposite party can respond.
   

6. Residential Property Discloser Statement: Iowa law requires the sellers to fill out a form disclosing the conditions of the various parts and systems of the house, such as HVAC, plumbing, previous water damage, etc to their best of their knowledge. This protects the buyers from coming into a house and suddenly finding something that the sellers most likely knew about, but didn’t disclose, and it wasn’t found on the inspection report.
   

7. Optional Provisions: Most real estate contracts in Iowa contain a number of optional provisions, which only apply if initialed by both parties. These include items such as purchase contingent on the sale of another property, buying the property “as is,” the seller’s right to continue to show the property while under contract, etc.
   

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In this video, our Polk County contract attorneys explain how it’s important to first determine whether your contract has one of these clauses. The specific language within the contract, the situation at hand, and the applicable state law will all be considered to make a determination as to whether the contract should be modified or cancelled. The Iowa Supreme Court defines force majeure provisions as a clause that “allocate(s) the risk if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.” The Iowa Supreme Court noted that these clauses aren’t intended to shield a party from normal risks associated with an agreement. A small number of courts have actually analyzed the application of force majeure provisions to the current Covid-19 pandemic and the rulings have been split. Most of the split has come due to the language of the clause within the contract. Should the clause be broadly defined, you may be able to terminate and walk away from your contract.

In this video, our Polk County contract law attorneys go on to explain how for purchases above $25 made in the home or at your place of work, you have the right to cancel the contract within three business days as long as the transactions are purchased, leased or rented primarily for personal, family or household reasons. “Buying clubs” are membership groups that allow you to buy certain goods and services at a discount. The three-day policy should apply to all types of buying clubs. Suffice to say, be cautious and read the contract thoroughly with any business opportunity. In Iowa, the three-day cancellation period also covers the sale of a business opportunity regardless of the location where the sale took place. The three-day period also covers funeral services and any goods bought for the funeral service even if done at the seller’s place of business. Membership campground contracts give the buyer the right to use a portion or all of the available campground under a membership campground operator for a period of 30 days or more as stipulated under the contract. Timeshares often tout their own cancellation policies as part of the high-pressure sales pitch, but generally, you have 5 business days to cancel a timeshare contract after the seller delivers all the information concerning the assets and liabilities of the timeshare estate. The three-day cancellation period applies to all types of gyms, exercise clubs, fitness centers, etc, including tennis and racquetball clubs, golf clubs, gymnasiums, weight control studios, and martial arts studios. The one caveat to canceling gym memberships is that you will often get your full refund back, minus twenty dollars.